CARBON POLLUTION REDUCTION SCHEME (CONSEQUENTIAL AMENDMENTS) BILL 2009

i Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. ,

2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 3

Schedule 1--General amendments

Part 1--Amendments commencing at the same time as

section 3 of the Carbon Pollution Reduction Scheme

Act 2009 commences

Div ision 1--A mend ments

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Australian Securities and Investments Commission Act 2001

Corporations Act 2001

Financial Management and Accountability Regulations 1997

National Greenhouse and Energy Reporting Act 2007

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Renewable Energy (Electricity) Act 2000

Trade Practices Act 1974

Div ision 2--Transitional provisions

Part 2--Amendments commencing on 1 July 2011

Div ision 1--A mend ments

National Greenhouse and Energy Reporting Act 2007

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Div ision 2--Application and transitional provisions

Part 3--Amendments contingent on the commencement of

Schedule 1 to the National Greenhouse and Energy

Reporting Amendment Act 2009

National Greenhouse and Energy Reporting Act 2007

Schedule 2--Taxation amendments

A New Tax System (Goods and Services Tax) Act 1999

Income Tax Assessment Act 1936

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

A Bill for an Act to deal with consequential matters

arising from the enactment of the Carbon Pollution

Reduction Scheme Act 2009, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Carbon Pollution Reduction Scheme

(Consequential Amendments) Act 2009.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. ,

2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

items 1 to 64A

At the same time as section 3 of the Carbon

Pollution Reduction Scheme Act 2009

commences.

3. Schedule 1,

item 64B

At the same time as section 3 of the Carbon

Pollution Reduction Scheme Act 2009

commences.

However, the provision(s) do not commence

at all if Schedule 1 to the National

Greenhouse and Energy Reporting

Amendment Act 2009 commences before the

commencement of section 3 of the Carbon

Pollution Reduction Scheme Act 2009.

4. Schedule 1,

items 64C and 65

At the same time as section 3 of the Carbon

Pollution Reduction Scheme Act 2009

commences.

5. Schedule 1,

item 66

At the same time as section 3 of the Carbon

Pollution Reduction Scheme Act 2009

commences.

However, the provision(s) do not commence

at all if Schedule 1 to the National

Greenhouse and Energy Reporting

Amendment Act 2009 commences before the

commencement of section 3 of the Carbon

Pollution Reduction Scheme Act 2009.

6. Schedule 1,

items 67 to 97

At the same time as section 3 of the Carbon

Pollution Reduction Scheme Act 2009

commences.

7. Schedule 1,

Part 2

1 Ju ly 2011.

1 Ju ly 2011

8. Schedule 1,

Part 3

The later of:

(a) the co mmencement of section 3 of the

Carbon Pollution Reduction Scheme Act

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2009; and

(b) immed iately after the commencement of

Schedule 1 to the National Greenhouse

and Energy Reporting Amendment Act

2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

9. Schedule 2

At the same time as section 3 of the Carbon

Pollution Reduction Scheme Act 2009

commences.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

(1) Each Act, and each set of regulations, that is specified in a

Schedule to this Act is amended or repealed as set out in the

applicable items in the Schedule concerned, and any other item in a

Schedule to this Act has effect according to its terms.

(2) The amendment of any regulation under subsection (1) does not

prevent the regulation, as so amended, from being amended or

repealed by the Governor-General.

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

4 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. ,

2009

Schedule 1

General amendments

Part 1

Amendments commencing at the same time

as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 commences

Division 1

Amendments

Anti-Money Laundering and Counter-Terrorism Financing

Act 2006

1A Section 5

Insert:

eligible emissions unit has the same meaning as in the Carbon

Pollution Reduction Scheme Act 2009.

1B Subsection 6(2) (after paragraph (b) of the cell at table

item

33, column headed "Provision of a designated service")

Insert:

(ba) an eligib le emissions unit; or

1C Subsection 6(2) (paragraph (d) of the cell at table item 33,

column headed "Provision

of a designated service")

After "derivatives", insert ", eligible emissions units".

Australian Securities and Investments Commission Act 2001

1 After paragraph 12BAA(7)(k)

Insert:

(l) an Australian emissions unit;

(la) an eligible international emissions unit;

2 Paragraph 12BAB(1)(g)

After "financial product", insert "(other than an Australian emissions

unit or an eligible international emissions unit)".

3 At the end of subsection 127(2A)

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Add:

; (e) the Australian Climate Change Regulatory Authority.

Corporations Act 2001

4 Section 9

Insert:

Australian emissions unit has the same meaning as in the Carbon

Pollution Reduction Scheme Act 2009.

5 Section 9

Insert:

eligible international emissions unit has the same meaning as in

the Carbon Pollution Reduction Scheme Act 2009.

6 After paragraph 764A(1)(k)

Insert:

(l) an Australian emissions unit;

(la) an eligible international emissions unit;

Financial Management and Accountability Regulations 1997

11 Part 1 of Schedule 1 (after table item 104)

Insert:

104A

Australian Climate Change Regulatory Authority,

comprising:

(a) the Chair and the other members of the

Australian Climate Change Regulatory

Authority; and

(b) the staff mentioned in section 36 of the

Australian Climate Change Regulatory

Authority Act 2009; and

to the Australian Climate Change Regulatory

Authority under section 37 of that Act; and

(d) the consultants engaged under subsection

38(1) of that Act.

See Note B

Chair

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

6 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. ,

2009

12 Part 1 of Schedule 1 (table item 173)

Repeal the item.

National Greenhouse and Energy Reporting Act 2007

13 Section 7

Insert:

Authority means the Australian Climate Change Regulatory

Authority.

14 Section 7 (definition of Greenhouse and Energy Data

Officer)

Repeal the definition.

15 Section 7 (definition of greenhouse and energy

information)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

15A Section 7

Insert:

official of the Authority has the same meaning as in the Australian

Climate Change Regulatory Authority Act 2009.

15B Section 7

Insert:

protected information has the same meaning as in the Australian

Climate Change Regulatory Authority Act 2009.

16 Paragraph 9(1)(b)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

17 Paragraph 11(1)(b)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

18 Paragraph 15(1)(a)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

19 Subsections 16(1), (3) and (4)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

20 Subsections 17(1), (2), (3) and (4)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

21 Subsections 18(1) and (3)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

22 Subsection 18(4)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

23 Subsection 18(4)

Omit "his or her", substitute "the Authority's".

24 Subsection 18(5)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

25 Subsection 19(1)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

Note:

The heading to section 19 is altered by omitting "Greenhouse and Energy Data

Officer" and substituting "the Authority".

26 Subsections 19(6) and (9)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

27 Subsection 20(1)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

28 Subsections 20(2) and (3)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

30 Subsections 20(4) and (5)

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

8 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. ,

2009

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

31 Subsections 21(1), (4) and (6)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

32 Subsections 21A(1), (2) and (3)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

33 Paragraphs 22(1)(b) and (2)(b)

Omit "Greenhouse and Energy Data Officer", substitute "Author ity".

34 After paragraph 23(1)(a)

Insert:

(aa) the information is not protected information obtained by the

person in the person's capacity as an official of the

Authority; and

34B Paragraphs 23(2)(a) and (b)

Repeal the paragraphs.

34C At the end of section 23

Add:

Note:

See also Part 3 of the Australian Climate Change Regulatory

Authority Act 2009 (secrecy obligations of officials of the Authority).

35 Subsections 24(1), (1A), (1B) and (1C)

Omit "Greenhouse and Energy Data Officer", substitute "Author ity".

36 Subsection 24(1C)

Omit "he or she", substitute "the Authority".

37 Subsections 24(2), (3), (5) and (6)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

38 Subsection 25(1)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

39 Subsections 25(2), (3) and (4)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

40 Subsections 26(1), (2), (3), (4) and (5)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

41 Subsections 27(1), (1A) and (2)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

42 Subsections 28(1), (2) and (3)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

43 Subsection 31(1)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

44 Subsection 39(1)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

45 Paragraph 40(1)(c)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

46 Subsection 42(2)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

47 Subsections 45(1), (3) and (4)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

48 Subsections 46(1) and (2)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

49 Division 1 of Part 6

Repeal the Division.

50 Division 2 of Part 6 (heading)

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

10 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Repeal the heading, substitute:

Division 2--Decisions by the Authority

51 Subsection 54(1)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

Note:

The heading to section 54 is altered by omitting "Greenhouse and Energy Data

Officer" and substituting "Authority".

52 Paragraph 54(1)(b)

Omit "his or her", substitute "the Authority's".

53 Subsections 54(2), (3), (4) and (5)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

54 Subsection 54(5)

Omit "he or she" (wherever occurring), substitute "the Authority".

55 Subsection 55(1)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

Note:

The heading to section 55 is altered by omitting "Greenhouse and Energy Data

Officer" and substituting "Authority".

56 Paragraph 55(1)(b)

Omit "his or her", substitute "the Authority's".

57 Subsections 55(2) and (3)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

58 Subsections 55(4) and (5)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

59 Subsection 55(5)

Omit "he or she" (wherever occurring), substitute "the Authority".

60 Section 56

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

61 Subsections 57(1) and (2)

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

62 Subsections 58(1) and (2)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

63 Subsections 71(1), (2) and (4)

Omit "Greenhouse and Energy Data Officer" (wherever occurring),

substitute "Authority".

64 Subsection 73(1)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

64A Subsection 73(2)

Omit "Greenhouse and Energy Data Officer" (first occurring),

substitute "Authority".

64B Subparagraph 73(2)(a)(ii)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

64C Subsection 73(5)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

65 Subsections 74(1) and (2)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

66 Subsections 75(1) and (2)

Omit "Greenhouse and Energy Data Officer", substitute "Authority".

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

67 After section 67A

Insert:

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

12 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

67B Disclosure of information to the Australian Climate Change

Regulatory Authority

Scope

(1) This section applies to information obtained under this Act or the

regulations.

Disclosure

(2) The Minister may disclose the information to the Australian

Climate Change Regulatory Authority for the purposes of, or in

connection with, the performance of the functions, or the exercise

of the powers, of the Australian Climate Change Regulatory

Authority.

Other powers of disclosure not limited

(3) This section does not, by implication, limit the Minister's powers

to disclose the information to a person other than the Australian

Climate Change Regulatory Authority.

Renewable Energy (Electricity) Act 2000

68 Subsection 5(1)

Insert:

Authority means the Australian Climate Change Regulatory

Authority.

69 Subsection 5(1) (definition of Office of the Renewable

Energy Regulator)

Repeal the definition.

70 Subsection 5(1)

Insert:

official of the Authority has the same meaning as in the Australian

Climate Change Regulatory Authority Act 2009.

71 Subsection 5(1) (definition of protected document)

Repeal the definition.

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

72 Subsection 5(1) (definition of protected information)

Repeal the definition.

73 Subsection 5(1) (definition of Regulator)

Repeal the definition.

74 Subsection 5(1) (definition of senior employee)

Omit "Office of the Renewable Energy Regulator", substitute

"Authority".

75 Subsection 5(1) (definition of senior officer)

Repeal the definition, substitute:

senior officer of the Authority means a person who:

(a) is a member of the staff of the Authority; and

(b) either:

(i) is an SES employee or acting SES employee; or

(ii) holds or performs the duties of an Executive Officer

(Level 2) position.

76 Subsection 5(1)

Insert:

staff of the Authority has the same meaning as in the Australian

Climate Change Regulatory Authority Act 2009.

77 Subsection 30D(5)

Omit "he or she", substitute "the Authority".

78 Subsection 107(1)

Omit "an officer or employee of the Office of the Renewable Energy

Regulator", substitute "a member of the staff of the Authority".

79 Part 12 (heading)

Repeal the heading, substitute:

Part 12--Publication of information

80 Sections 126 to 133

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

14 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Repeal the sections.

81 Part 14

Repeal the Part.

82 Subsection 156(1)

Omit "Office of the Renewable Energy Regulator", substitute

"Authority".

Note:

The heading to subsection 156(1) is altered by omitting "Office of the Renewable

Energy Regulator" and substituting "Authority".

83 Bulk amendments

references to the Regulator etc.

The Renewable Energy (Electricity) Act 2000 other than the following

provisions:

(a) sections 126, 129, 130, 131 and 132;

(b) Part 14;

is amended as follows:

substituting "the Authority";

(d) by omitting "The Regulator" (wherever occurring) and

substituting "The Authority";

(e) by omitting "the Regulator's" (wherever occurring) and

substituting "the Authority's".

Note:

The headings to sections and subsections of the Renewable Energy (Electricity) Act

2000 other than the following provisions:

(a) Part 14;

(b) subsection 156(1);

are altered as follows:

"Authority";

(d) by omitting "Regulator" (wherever occurring) and substituting

"Authority";

(e) by omitting "Regulator's" (wherever occurring) and substituting

"Authority's";

(f) by omitting "Regulator's" (wherever occurring) and substituting

"Authority's".

Trade Practices Act 1974

84 After paragraph 44AAF(3)(c)

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

16 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Division 2

Transitional provisions

87 Transitional

acts of the Greenhouse and Energy Data

Officer to be attributed to the Australian Climate

Change Regulatory Authority

(1)

This item applies to anything done by, or in relation to, the Greenhouse

and Energy Data Officer under the National Greenhouse and Energy

Reporting Act 2007 before the commencement of this item.

(2)

The National Greenhouse and Energy Reporting Act 2007 has effect,

after that commencement, as if the thing had been done by, or in

relation to, the Australian Climate Change Regulatory Authority.

88 Transitional

acts of the Renewable Energy Regulator to

be attributed to the Australian Climate Change

Regulatory Authority

(1)

This item applies to anything done by, or in relation to, the Renewable

Energy Regulator under the Renewable Energy (Electricity) Act 2000

before the commencement of this item.

(2)

The Renewable Energy (Electricity) Act 2000 has effect, after that

commencement, as if the thing had been done by, or in relation to, the

Australian Climate Change Regulatory Authority.

89 Transitional

substitution of the Australian Climate

Change Regulatory Authority as a party in certain

proceedings

(1)

This item applies to proceedings to which the Greenhouse and Energy

Data Officer or the Renewable Energy Regulator was a party and that

were pending in any court or tribunal immediately before the

commencement of this item.

(2)

The Australian Climate Change Regulatory Authority is substituted for

the Greenhouse and Energy Data Officer or the Renewable Energy

Regulator, as the case requires, from that commencement, as a party to

those proceedings.

90 Transitional

transfer of records to the Australian Climate

Change Regulatory Authority

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

(1)

This item applies to any records or documents that:

(a) were in the possession of the Greenhouse and Energy Data

Officer or the Renewable Energy Regulator immediately

before the commencement of this item; and

(b) relate to the Greenhouse and Energy Data Officer, the

Renewable Energy Regulator or the Office of the Renewable

Energy Regulator.

(2)

The records and documents are to be transferred to the Australian

Climate Change Regulatory Authority after the commencement of this

item.

91 Transitional

transfer of Ombudsman investigations

If:

(a) before the commencement of this item, a complaint was

made to the Ombudsman, or the Ombudsman began an

investigation, under the Ombudsman Act 1976 in relation to

action taken by the Greenhouse and Energy Data Officer or

the Renewable Energy Regulator; and

(b) immediately before the commencement of this item, the

Ombudsman had not finally disposed of the matter in

accordance with the Ombudsman Act 1976;

the Ombudsman Act 1976 applies after the commencement of this item

as if that action had been taken by the Australian Climate Change

Regulatory Authority.

92 Transitional

secrecy of information obtained under the

National Greenhouse and Energy Reporting Act 2007

Despite the amendments of section 23 of the National Greenhouse and

Energy Reporting Act 2007 made by this Part, that section continues to

apply, in relation to information obtained before the commencement of

this item, as if those amendments had not been made.

93 Transitional

secrecy of information obtained under the

Renewable Energy (Electricity) Act 2000

Despite the repeal of the following provisions of the Renewable Energy

(Electricity) Act 2000 by this Part:

(a) the definition of Office of the Renewable Energy Regulator

in subsection 5(1);

(b) the definition of protected document in subsection 5(1);

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

18 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

(d) the definition of Regulator in subsection 5(1);

(e) subsection 126(1);

(f) sections 127 to 133;

those provisions continue to apply, in relation to:

(g) a protected document obtained or made by a person before

the commencement of this item; or

(h) protected information disclosed to, or obtained by, a person

before the commencement of this item;

as if:

(i) each reference in sections 129, 130, 131 and 132 of that Act

to the Regulator were a reference to the Australian Climate

Change Regulatory Authority; and

(j) the reference in section 129 to a person to whom Part 12 of

that Act applies were a reference to an official of the

Authority; and

(k) those repeals had not happened.

94 Transitional

references in instruments to the

Greenhouse and Energy Data Officer or the Renewable

Energy Regulator

(1)

For the purposes of this item, an eligible instrument is an instrument

that:

(a) was in force immediately before the commencement of this

item; and

(b) contains a reference to the Greenhouse and Energy Data

Officer or the Renewable Energy Regulator.

(2)

The Minister may, by legislative instrument, declare that a specified

eligible instrument has effect as if each reference in the instrument to

the Greenhouse and Energy Data Officer or the Renewable Energy

Regulator, as the case may be, were a reference to the Australian

Climate Change Regulatory Authority.

95 Transitional

Registry accounts

Scope

(1)

This item applies to an account held by a person within the register:

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

(a) known as the Australian National Registry of Emissions

Units; and

(b) that was in existence under the executive power of the

Commonwealth immediately before the commencement of

this item.

Continuation of account

(2)

The account continues in existence as a Registry account under the

Carbon Pollution Reduction Scheme Act 2009.

96 Transitional

Commonwealth Registry accounts

Scope

(1)

This item applies to an account held by the Commonwealth within the

(a) known as the Australian National Registry of Emissions

Units; and

(b) that was in existence under the executive power of the

Commonwealth immediately before the commencement of

this item.

Designation of account

(2)

If, immediately before the commencement of this item, the account was

described as a Commonwealth holding account, the Carbon Pollution

Reduction Scheme Act 2009 has effect as if the account had been

designated by the Australian Climate Change Regulatory Authority as a

Commonwealth holding account.

(3)

If, immediately before the commencement of this item, the account was

described as the retirement account for the first commitment period, the

Carbon Pollution Reduction Scheme Act 2009 has effect as if the

account had been designated by the Australian Climate Change

Regulatory Authority as the retirement account for the first commitment

period.

(4)

If, immediately before the commencement of this item, the account was

described as the net source cancellation account for the first

commitment period, the Carbon Pollution Reduction Scheme Act 2009

has effect as if the account had been designated by the Australian

Schedule 1 General amendments

Part 1 A mend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences

20 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Climate Change Regulatory Authority as the net source cancellation

account for the first commitment period.

(5)

If, immediately before the commencement of this item, a

Commonwealth Registry account was described as the non-compliance

cancellation account for the first commitment period, the Carbon

Pollution Reduction Scheme Act 2009 has effect as if the account had

been designated by the Australian Climate Change Regulatory

Authority as the non-compliance cancellation account for the first

commitment period.

(6)

If, immediately before the commencement of this item, the account was

described as the voluntary cancellation account for the first commitment

period, the Carbon Pollution Reduction Scheme Act 2009 has effect as

if the account had been designated by the Australian Climate Change

Regulatory Authority as the voluntary cancellation account for the first

commitment period.

(7)

If, immediately before the commencement of this item, the account was

described as the mandatory cancellation account for the first

commitment period, the Carbon Pollution Reduction Scheme Act 2009

has effect as if the account had been designated by the Australian

Climate Change Regulatory Authority as the mandatory cancellation

account for the first commitment period.

(8)

If, immediately before the commencement of this item, a

Commonwealth Registry account was described as the tCER

replacement (expiry) cancellation account for the first commitment

period, the Carbon Pollution Reduction Scheme Act 2009 has effect as

if the account had been designated by the Australian Climate Change

Regulatory Authority as the tCER replacement (expiry) cancellation

account for the first commitment period.

(9)

If, immediately before the commencement of this item, the account was

described as the lCER replacement (expiry) cancellation account for the

first commitment period, the Carbon Pollution Reduction Scheme Act

2009 has effect as if the account had been designated by the Australian

Climate Change Regulatory Authority as the lCER replacement (expiry)

cancellation account for the first commitment period.

(10)

If, immediately before the commencement of this item, the account was

described as the lCER replacement (storage reversal) cancellation

account for the first commitment period, the Carbon Pollution

Reduction Scheme Act 2009 has effect as if the account had been

General amendments Schedule 1

Amend ments commencing at the same time as section 3 of the Carbon Pollution

Reduction Scheme Act 2009 co mmences Part 1

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

designated by the Australian Climate Change Regulatory Authority as

the lCER replacement (storage reversal) cancellation account for the

first commitment period.

(11)

If, immediately before the commencement of this item, the account was

described as the lCER replacement (non-certification) cancellation

account for the first commitment period, the Carbon Pollution

Reduction Scheme Act 2009 has effect as if the account had been

designated by the Australian Climate Change Regulatory Authority as

the lCER replacement (non-certification) cancellation account for the

first commitment period.

97 Transitional

regulations

The Governor-General may make regulations in relation to transitional

matters arising out of the amendments made by this Part.

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22 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Part 2

Amendments commencing on 1 July 2011

Division 1

Amendments

National Greenhouse and Energy Reporting Act 2007

98 Section 3

Before "The", insert "(1)".

Note:

The heading to section 3 is replaced by the heading "Objects".

99 Section 3

Before "object", insert "first".

100 Paragraph 3(a)

Repeal the paragraph.

101 At the end of section 3

Add:

(2) The second object of this Act is to underpin the Carbon Pollution

Reduction Scheme Act 2009 by imposing various registration,

reporting and record-keeping requirements.

102 Section 4

Before "This Act", insert "(1)".

103 Section 4

After "This Act", insert "(except to the extent to which it underpins the

Carbon Pollution Reduction Scheme Act 2009)".

104 At the end of section 4

Add:

(2) To the extent to which this Act underpins the Carbon Pollution

Reduction Scheme Act 2009, this Act relies on the same legislative

powers that support the Carbon Pollution Reduction Scheme Act

2009.

105 Section 5

General amendments Schedule 1

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Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Before "This Act", insert "(1)".

106 Subparagraph 5(a)(i)

Repeal the subparagraph.

106A Paragraph 5(b)

Omit "this section", substitute "this subsection".

107 At the end of section 5

Add:

(2) This Act is intended to apply to the exclusion of a law of a State or

Territory, or a part of such a law:

(a) that provides for the reporting or disclosure of information

related to greenhouse gas emissions; and

(b) that the regulations provide is a law, or part of a law, to

which this subsection applies;

so far as the law, or part of the law, would otherwise apply in

relation to a person other than:

(d) a statutory authority (within the meaning of the Carbon

Pollution Reduction Scheme Act 2009) of a State or Territory.

108 After section 5

Insert:

5A Crown to be bound

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to a pecuniary penalty or

to be prosecuted for an offence.

(3) The protection in subsection (2) does not apply to an authority of

the Crown.

109 Section 6

Repeal the section, substitute:

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24 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

6 Extension to external Territories

This Act extends to every external Territory.

6A Extension to exclusive economic zone and contine ntal shelf

This Act extends to a matter relating to the exercise of Australia's

sovereign rights in the exclusive economic zone or the continental

shelf.

6B Extension to Joint Petroleum Development Area

This Act extends to the Joint Petroleum Development Area.

6C Application to foreign ships

This Act does not apply to the extent that its application would be

inconsistent with the exercise of rights of foreign ships in:

(a) the territorial sea; or

(b) the exclusive economic zone; or

in accordance with the United Nations Convention on the Law of

the Sea.

110 Section 7

Insert:

activity includes:

(a) a condition; or

(b) a circumstance; or

relating to:

(d) solid waste; or

(e) carbon capture and storage; or

(f) other storage; or

(g) stockpiling; or

(h) any other matter or thing.

110A Section 7

Insert:

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approved by the Authority means approved by the Authority, in

writing, for the purposes of the provision in which the term occurs.

Note:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

111 Section 7

Insert:

carbon capture and storage means:

(a) the storage of a greenhouse gas substance in a part of a

geological formation; or

(b) the injection of a greenhouse gas substance into a part of a

geological formation for the purposes of such storage; or

transportation or piped conveyance of a greenhouse gas

substance, where the compression, processing, offloading,

transportation or piped conveyance is for the purposes of

such storage.

An expression used in this definition has the same meaning as in

the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

For this purpose, assume that each reference in the definition of

greenhouse gas substance in section 7 of that Act to a prescribed

greenhouse gas were a reference to a greenhouse gas (within the

meaning of this Act).

112 Section 7 (definition of carbon dioxide equivalence)

Repeal the definition, substitute:

carbon dioxide equivalence:

(a) of an amount of greenhouse gas--means the amount of the

gas multiplied by a value specified in the regulations in

relation to that kind of greenhouse gas; or

(b) of an amount of potential greenhouse gas emissions

embodied in an amount of an eligible upstream fuel--has the

meaning given by section 7D.

112A Section 7

Insert:

carbon pollution reduction scheme has the same meaning as in the

Carbon Pollution Reduction Scheme Act 2009.

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26 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

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113 Section 7

Insert:

continental shelf has the same meaning as in the Seas and

Submerged Lands Act 1973.

114 Section 7

Insert:

eligible financial year has the same meaning as in the Carbon

Pollution Reduction Scheme Act 2009.

115 Section 7

Insert:

eligible upstream fuel has the same meaning as in the Carbon

Pollution Reduction Scheme Act 2009.

116 Section 7 (definition of emission)

Repeal the definition, substitute:

emission of greenhouse gas means:

(a) a scope 1 emission of greenhouse gas; or

(b) a scope 2 emission of greenhouse gas.

117 Section 7

Insert:

emissions number has the same meaning as in the Carbon

Pollution Reduction Scheme Act 2009.

118 Section 7

Insert:

executive officer of a body corporate means:

(a) a director of the body corporate; or

(b) the chief executive officer (however described) of the body

corporate; or

(d) the secretary of the body corporate.

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Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

119A Section 7

Insert:

foreign country has the same meaning as in the Carbon Pollution

Reduction Scheme Act 2009.

119B Section 7

Insert:

foreign person means any of the following:

(a) an individual who is not ordinarily resident in Australia;

(b) a body corporate that:

(i) is incorporated outside Australia; or

(ii) is an authority of a foreign country;

(i) is incorporated outside Australia; or

(ii) is an authority of a foreign country;

(d) a body politic of a foreign country;

(e) a trust, where the trustee, or a majority of the trustees, are

covered by any or all of the above paragraphs.

119C Section 7 (definition of greenhouse and energy audit)

Omit "74A", substitute "74C".

120 Section 7 (definition of greenhouse gas)

Repeal the definition, substitute:

greenhouse gas has the meaning given by section 7A.

121 Section 7 (paragraph (b) of the definition of greenhouse

gas project)

Omit "regulations;", substitute "regulations.".

122 Section 7 (definition of greenhouse gas project)

Omit all the words from and including "but" to the end of the definition.

122A Section 7 (definition of group)

Omit "subsection 8(1)", substitute "section 8".

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28 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

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123 Section 7

Insert:

import has the same meaning as in the Carbon Pollution Reduction

Scheme Act 2009.

124 Section 7 (definition of innocent passage)

Repeal the definition.

125 Section 7

Insert:

Joint Petroleum Development Area has the same meaning as in

the Petroleum (Timor Sea Treaty) Act 2003.

125A Section 7 (definition of joint venture)

Repeal the definition.

126 Section 7

Insert:

liable entity has the same meaning as in the Carbon Pollution

Reduction Scheme Act 2009.

126A Section 7

Insert:

liability transfer certificate has the same meaning as in the Carbon

Pollution Reduction Scheme Act 2009.

127 Section 7

Insert:

local governing body means a local governing body established by

or under a law of a State or Territory.

128 Section 7 (definition of member)

Before "has", insert ", in relation to a group,".

129 Section 7

Insert:

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non-group entity means a person who is not a member of a

controlling corporation's group.

130 Section 7 (definition of oil or gas extraction activity)

Repeal the definition.

131 Section 7

Insert:

operation, in relation to a facility, includes the subsistence of the

facility.

131A Section 7

Insert:

OTN has the same meaning as in the Carbon Pollution Reduction

Scheme Act 2009.

132 Section 7 (definition of operational control)

Omit "11", substitute "11, 11A, 11B or 11C".

134 Section 7

Insert:

person means any of the following:

(a) an individual;

(b) a body corporate;

(d) a corporation sole;

(e) a body politic;

(f) a local governing body.

135 Section 7

Insert:

potential greenhouse gas emissions embodied in an amount of an

eligible upstream fuel has the meaning given by section 7C.

136 Section 7

Insert:

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30 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

provisional emissions number has the same meaning as in the

Carbon Pollution Reduction Scheme Act 2009.

136A Section 7

Insert:

quote, in relation to an OTN, has the same meaning as in the

Carbon Pollution Reduction Scheme Act 2009.

136B Section 7 (definition of registered corporation)

Omit "Division 3 of Part 2", substitute "this Act".

136C Section 7

Insert:

registered person means a person registered under this Act.

137 Section 7

Insert:

scope 1 emission of greenhouse gas has the meaning given by

section 10.

138 Section 7

Insert:

scope 2 emission of greenhouse gas has the meaning given by

section 10.

139 Section 7

Insert:

supply has the same meaning as in the Carbon Pollution Reduction

Scheme Act 2009.

140 Section 7

Insert:

synthetic greenhouse gas has the meaning given by section 7B.

141 Section 7

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Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Insert:

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

142 Section 7

Insert:

trust means a person in the capacity of trustee or, as the case

requires, a trust estate.

143 Section 7

Insert:

trustee has the same meaning as in the Income Tax Assessment Act

1997.

144 Section 7

Insert:

trust estate has the same meaning as in the Income Tax Assessment

Act 1997.

145 Section 7

Insert:

United Nations Convention on the Law of the Sea means the

United Nations Convention on the Law of the Sea done at Montego

Bay on 10 December 1982.

Note:

The text of the Convention is set out in Australian Treaty Series 1994

No. 31 ([1994] ATS 31). In 2009, the text of an international

agreement in the Australian Treaty Series was accessible through the

Australian Treaties Library on the AustLII website

(www.austlii.edu.au).

146 After section 7

Insert:

7A Greenhouse gas

For the purposes of this Act and the Carbon Pollution Reduction

Scheme Act 2009, each of the following is a greenhouse gas:

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32 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

(a) carbon dioxide;

(b) methane;

(d) a synthetic greenhouse gas;

(e) a prescribed gas.

7B Synthetic greenhouse gas

(1) For the purposes of this Act and the Carbon Pollution Reduction

Scheme Act 2009, each of the following is a synthetic greenhouse

gas:

(a) sulphur hexafluoride;

(b) a hydrofluorocarbon of a kind specified in the table in

subsection (2);

subsection (3).

Table 1--Hydrofluorocarbons

(2) Table 1 is as follows:

Hydrofluorocarbons

Item

Hydrofluorocarbon

Chemical formula

HFC-23

CHF

HFC-32

HFC-41

HFC-43-10mee

HFC-125

HFC-134

(CHF

CHF

)

HFC-134a

(CH

FCF

)

HFC-143

(CHF

HFC-143a

(CF

)

HFC-152a

(CH

CHF

)

HFC-227ea

HFC-236fa

HFC-245ca

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Table 2--Perfluorocarbons

(3) Table 2 is as follows:

Perfluorocarbons

Item

Perfluorocarbon

Chemical formula

Perfluoro methane

(tetrafluoro methane)

Perfluoroethane

(hexafluoroethane)

Perfluoropropane

Perfluorobutane

Perfluorocyclobutane

c-C

Perfluoropentane

Perfluorohexane

7C Potential greenhouse gas emissions embodied in an amount of

eligible upstream fuel

(1) For the purposes of this Act and the Carbon Pollution Reduction

Scheme Act 2009, the potential greenhouse gas emissions

embodied in an amount of eligible upstream fuel is:

(a) the amount of the greenhouse gas; or

(b) the amounts of the greenhouse gases;

that would be released into the atmosphere as a result of the

combustion of the amount of the fuel.

Default method

(2) The Minister may determine that the amount of a particular

greenhouse gas that would be released into the atmosphere as a

result of the combustion of an amount of eligible upstream fuel is

taken, for the purposes of:

(a) this Act (other than subsections (3) and (4) of this section);

and

(b) the Carbon Pollution Reduction Scheme Act 2009;

to be the amount of the fuel multiplied by a value specified in the

determination in relation to that kind of fuel.

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34 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Prescribed alternative method

(3) However, if:

(a) a report relating to an eligible financial year was given by a

person under section 22A; and

(b) the report was given before the end of 4 months after the end

of the eligible financial year; and

an amount of eligible upstream fuel is relevant to working

out a provisional emissions number of the person for the

eligible financial year; and

(d) the report contained a statement to the effect that the person

has made a choice to use the prescribed alternative method to

ascertain the potential greenhouse gas emissions; and

(e) the prescribed alternative method was complied with in

ascertaining the potential greenhouse gas emissions;

then, for the purposes of this Act and the Carbon Pollution

Reduction Scheme Act 2009:

(f) the potential greenhouse gas emissions are to be ascertained

in accordance with the prescribed alternative method; and

(g) a determination under subsection (2) does not apply in

ascertaining the potential greenhouse gas emissions.

(4) For the purposes of this section, the prescribed alternative method

is a method that:

(a) is for ascertaining the potential greenhouse gas emissions

embodied in an amount of eligible upstream fuel; and

(b) is specified in a determination made by the Minister; and

Combustion

(5) The Minister may determine that, for the purposes of this section, it

is to be assumed that the combustion of an amount of eligible

upstream fuel takes place in the circumstances specified in the

determination in relation to that kind of fuel.

Determination

(6) A determination made under subsection (2), (4) or (5) is a

legislative instrument.

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

7D Carbon dioxide equivalence of potential greenhouse gas

emissions embodied in an amount of eligible upstream

fuel

Scope

(1) This section applies if the potential greenhouse gas emissions

embodied in an amount of eligible upstream fuel consists of:

(a) an amount of a greenhouse gas; or

(b) amounts of one or more greenhouse gases.

Carbon dioxide equivalence

(2) For the purposes of this Act and the Carbon Pollution Reduction

Scheme Act 2009, the carbon dioxide equivalence of the potential

greenhouse gas emissions is the total of the carbon dioxide

equivalence of that amount of greenhouse gas or those amounts of

greenhouse gases.

147 Subsection 8(1)

Omit "A controlling", substitute "For the purposes of this Act and the

Carbon Pollution Reduction Scheme Act 2009, a controlling".

148 Paragraph 8(1)(b)

Omit "(if any);", substitute "(if any).".

149 Paragraphs 8(1)(c) and (d)

Repeal the paragraphs.

150 Subsections 8(4), (5) and (6)

Repeal the subsections, substitute:

(4) To avoid doubt, a controlling corporation's group may consist of

the controlling corporation alone.

151 Subsection 9(1)

Omit "A facility is", substitute "For the purposes of this Act and the

Carbon Pollution Reduction Scheme Act 2009, a facility is".

152 Subsection 9(1)

Omit "the production of" (first occurring).

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36 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

153 Paragraph 9(1)(b)

Omit "54;", substitute "54 or 54A.".

154 Subsection 9(1)

Omit all the words from and including "but" to the end of the

subsection.

155 Subsection 9(3)

Repeal the subsection.

156 Subsection 10(1)

After "References", insert "in this Act or the Carbon Pollution

Reduction Scheme Act 2009".

157 Paragraph 10(1)(a)

Repeal the paragraph, substitute:

(a) scope 1 emission of greenhouse gas;

(aa) scope 2 emission of greenhouse gas;

158 Subsection 10(2)

Omit "paragraph (1)(a) may specify a meaning of emissions", substitute

"paragraph (1)(aa) may specify a meaning of scope 2 emission".

159 After subsection 10(2)

Insert:

(2A) The regulations must:

(a) declare that specified scope 1 emissions of greenhouse gas

are covered by the carbon pollution reduction scheme; and

(b) declare that the remaining scope 1 emissions of greenhouse

gas are not covered by the carbon pollution reduction

scheme.

Note:

For specification by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

160 Subsection 10(3)

Omit "emissions", substitute "scope 1 emissions, scope 2 emissions,".

161 Subsection 10(3)

General amendments Schedule 1

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Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

After "this Act", insert "and the Carbon Pollution Reduction Scheme

Act 2009".

162 Paragraph 10(3)(a)

Repeal the paragraph, substitute:

(a) in the case of scope 1 emissions--different methods or

criteria for emissions from different sources; and

163 Subsection 11(1)

Omit "A controlling corporation or another member of the corporation's

group", substitute "For the purposes of this Act and the Carbon

Pollution Reduction Scheme Act 2009, a person".

Note:

The heading to section 11 is altered by adding at the end "--basic rule".

164 Paragraph 11(1)(a)

Omit "it", substitute "the person".

165 Paragraph 11(1)(b)

Omit "corporation or member", substitute "person".

166 At the end of paragraph 11(1)(b)

Add "or 55A".

167 Subsection 11(2)

After "apply", insert "in relation to a facility".

168 At the end of subsection 11(2)

Add "in relation to the facility".

169 Subsection 11(3)

After "this Act", insert "and the Carbon Pollution Reduction Scheme

Act 2009".

170 Subsection 11(3)

Omit "such corporation or member", substitute "person".

171 Subsection 11(4)

Repeal the subsection, substitute:

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38 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

(4) This section has effect subject to sections 11A, 11B and 11C.

172 At the end of Part 1

Add:

11A Operational control--person with greatest authority

Scope

(1) This section applies if the following conditions are satisfied in

relation to a period that is included in, or consists of, an eligible

financial year:

(a) 2 or more persons could satisfy paragraph 11(1)(a) in relation

to a facility throughout the period;

(b) a particular person has the greatest authority to introduce and

implement the policies mentioned in subparagraphs

11(1)(a)(i) and (iii) in relation to the facility throughout the

period;

the facility at any time during the period.

Operational control

(2) The person mentioned in paragraph (1)(b) is taken, for the

purposes of this Act and the Carbon Pollution Reduction Scheme

Act 2009, to have operational control over the facility throughout

the period.

11B Operational control--nominated person

Scope

(1) This section applies if the following conditions are satisfied in

relation to a period that is included in, or consists of, an eligible

financial year:

(a) 2 or more persons could satisfy paragraph 11(1)(a) in relation

to a facility throughout the period;

(b) no particular person has the greatest authority to introduce

and implement the policies mentioned in subparagraphs

11(1)(a)(i) and (iii) in relation to the facility throughout the

period;

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the facility at any time during the period.

Nomination

(2) Those persons must, before the end of 31 August next following

the eligible financial year, jointly nominate one of them to be the

nominated person in relation to the facility for the period.

Civil penalty:

1,000 penalty units.

(3) A nomination must:

(a) be in writing; and

(b) be in a form approved by the Authority; and

regulations.

(4) If:

(a) any of those persons is a foreign person; and

(b) any of those persons is not a foreign person;

a foreign person cannot be nominated.

Operational control

(5) If a nomination is made, the nominated person is taken, for the

purposes of this Act and the Carbon Pollution Reduction Scheme

Act 2009, to have operational control over the facility throughout

the period.

(6) If no nomination is made:

(a) each of the persons mentioned in paragraph (1)(a) is taken,

for the purposes of this Act and the Carbon Pollution

Reduction Scheme Act 2009, to have operational control

over the facility throughout the period; and

(b) if there is a provisional emissions number of:

(i) such a person; or

(ii) if such a person is a member of a controlling

corporation's group--the controlling corporation;

for the eligible financial year in relation to greenhouse gases

emitted from the operation of the facility during the period--

for the purposes of this Act and the Carbon Pollution

Reduction Scheme Act 2009, that provisional emissions

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40 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

number is taken to be the number worked out using the

formula set out in subsection (7).

(7) The formula is:

Unadjusted provisional emissions number

Total number of persons mentioned in

paragraph (1)(a)

where:

unadjusted provisional emissions number means the number that,

apart from paragraph (6)(b), would be the provisional emissions

number of the person or the controlling corporation, as the case

may be, for the eligible financial year in relation to greenhouse

gases emitted from the operation of the facility during the period.

Exception

(8) A person is not required to comply with subsection (2) if the

question of who has operational control of the facility is not

relevant (whether directly or indirectly) to a requirement under:

(a) this Act; or

(b) the Carbon Pollution Reduction Scheme Act 2009.

11C Operational control--trust with multiple trustees

Scope

(1) This section applies if the following conditions are satisfied in

relation to a period that is included in, or consists of, an eligible

financial year:

(a) because of section 11, 11A or 11B, a trust has operational

control over a facility throughout the period;

(b) throughout the period, there are 2 or more trustees of the

trust;

the facility at any time during the period.

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Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Nomination

(2) Those trustees must, before the end of 31 August next following

the eligible financial year, jointly nominate one of them to be the

nominated trustee in relation to the facility for the period.

Civil penalty:

1,000 penalty units.

(3) A nomination must:

(a) be in writing; and

(b) be in a form approved by the Authority; and

regulations.

(4) If:

(a) any of those trustees is a foreign person; and

(b) any of those trustees is not a foreign person;

a foreign person cannot be nominated.

Operational control

(5) If a nomination is made, the nominated trustee is taken, for the

purposes of this Act and the Carbon Pollution Reduction Scheme

Act 2009, to have operational control over the facility throughout

the period.

(6) If no nomination is made:

(a) each of those trustees is taken, for the purposes of this Act

and the Carbon Pollution Reduction Scheme Act 2009, to

have operational control over the facility throughout the

period; and

(b) if there is a provisional emissions number of such a trustee

for the eligible financial year in relation to greenhouse gases

emitted from the operation of the facility during the period--

for the purposes of this Act and the Carbon Pollution

Reduction Scheme Act 2009, that provisional emissions

number is taken to be the number worked out using the

formula set out in subsection (7).

(7) The formula is:

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42 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Unadjusted provisional emissions number

Total number of trustees mentioned in

paragraph (1)(a)

where:

unadjusted provisional emissions number means the number that,

apart from paragraph (6)(b), would be the provisional emissions

number of the trustee for the eligible financial year in relation to

greenhouse gases emitted from the operation of the facility during

the period.

Exception

(8) A trustee is not required to comply with subsection (2) if the

question of who has operational control of the facility is not

relevant (whether directly or indirectly) to a requirement under:

(a) this Act; or

(b) the Carbon Pollution Reduction Scheme Act 2009.

173 Before section 12

Insert:

Subdivision A--Application by a controlling corporation

173E At the end of Division 1 of Part 2

Add:

Subdivision B--Application by a liable entity

15A Application by a liable entity

(1) If a person is or was a liable entity for an eligible financial year

(the current eligible financial year), the person must apply, in

accordance with this section, to be registered under this Act.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1:

Under Division 137 of the Criminal Code, it may be an offence to

provide false or misleading information or documents to the Authority

in purported compliance with this Act.

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Note 2:

Under section 30, a person may be liable for an additional civil

penalty for each day that the person fails to apply in accordance with

subsection (1) of this section.

(2) However, a person is not required to make an application under

subsection (1) if the person is registered under this Act at the end

of the current eligible financial year.

(3) An application under subsection (1) must be made by 31 August in

the eligible financial year next following the current eligible

financial year.

(4) An application under subsection (1) must:

(a) be made to the Authority; and

(b) be in a form approved by the Authority; and

purposes of this paragraph.

Subdivision C--Application by an OTN holder who is not a

liable entity

15B Application by an OTN holder who is not a liable entity

(1) If:

(a) during an eligible financial year (the current eligible

financial year), a person supplied an amount of eligible

upstream fuel or synthetic greenhouse gas to another person

(the recipient); and

(b) the recipient quoted the recipient's OTN in relation to the

supply; and

financial year;

the recipient must apply, in accordance with this section, to be

registered under this Act.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1:

Under Division 137 of the Criminal Code, it may be an offence to

provide false or misleading information or documents to the Authority

in purported compliance with this Act.

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44 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Note 2:

Under section 30, a person may be liable for an additional civil

penalty for each day that the person fails to apply in accordance with

subsection (1) of this section.

(2) However, a person is not required to make an application under

subsection (1) if the person is registered under this Act at the end

of the current eligible financial year.

(3) An application under subsection (1) must be made by 31 August in

the eligible financial year next following the current eligible

financial year.

(4) An application under subsection (1) must:

(a) be made to the Authority; and

(b) be in a form approved by the Authority; and

purposes of this paragraph.

Subdivision D--Application by a fuel supplier who is not a

liable entity

15C Application by a fuel supplier who is not a liable entity

(1) If:

(a) during an eligible financial year (the current eligible

financial year), a person (the supplier) supplied an amount

of eligible upstream fuel to another person (the recipient);

and

(b) the recipient quoted the recipient's OTN in relation to the

supply; and

financial year;

the supplier must apply, in accordance with this section, to be

registered under this Act.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1:

Under Division 137 of the Criminal Code, it may be an offence to

provide false or misleading information or documents to the Authority

in purported compliance with this Act.

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

Note 2:

Under section 30, a person may be liable for an additional civil

penalty for each day that the person fails to apply in accordance with

subsection (1) of this section.

(2) However, a person is not required to make an application under

subsection (1) if:

(a) the person is registered under this Act at the end of the

current eligible financial year; or

(b) the person is required to make an application under

subsection 15B(1).

(3) An application under subsection (1) must be made by 31 August in

the eligible financial year next following the current eligible

financial year.

(4) An application under subsection (1) must:

(a) be made to the Authority; and

(b) be in a form approved by the Authority; and

purposes of this paragraph.

174 Subsection 16(3)

Repeal the subsection, substitute:

(3) The Authority must cause the contents of the Register to be made

available on the Authority's website.

(3A) Subsection (3) does not apply to information ascertained in

accordance with the regulations.

174A Paragraph 16(4)(a)

Omit "corporation", substitute "person".

174B Paragraph 16(4)(a)

Omit "Division 3", substitute "this Act".

174C Subparagraphs 16(4)(b)(iii) and (v)

Omit "corporation", substitute "person".

174D Division 3 of Part 2 (heading)

Repeal the heading, substitute:

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46 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Division 3--Registration of controlling corporations

174F Section 18

Repeal the section.

174G At the end of Part 2

Add:

Division 4--Registration of other persons

18A Registration of other persons

(1) The Authority must register a person under this Act if the person

has applied for registration under section 15A, 15B or 15C.

(2) The Authority must notify the person, in writing, of the Authority's

decision on the application.

(3) The person is registered under this Act when the Authority has

entered the name of the person on the Register.

Division 5--Deregistration

18B Deregistration

(1) A registered person may apply to the Authority to be deregistered.

(2) An application must:

(a) be in writing; and

(b) be in a form approved by the Authority; and

(3) The Authority must remove the person's name from the Register if

the Authority is satisfied that:

(a) in a case where the person is the controlling corporation of a

group--the group is not likely to meet any of the thresholds

under section 13 for:

(i) the financial year in which the application is made; and

(ii) the next 2 financial years; and

(b) the person:

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Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

(i) is not a liable entity for the financial year in which the

application is made; and

(ii) is not likely to be a liable entity for any of the next 2

financial years; and

(d) the person does not supply amounts of:

(i) eligible upstream fuel; or

(ii) synthetic greenhouse gas;

to other persons who quote their OTNs in relation to the

supply.

(4) The Authority must notify the person, in writing, of the Authority's

decision on the application.

(5) The person ceases to be registered under this Act when the

Authority has removed the person's name from the Register.

175 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Reporting obligations of registered

corporations etc.

175A Subsection 19(1)

Omit "registered corporation", substitute "corporation registered under

Division 3".

176 At the end of subsection 19(1)

Add:

Note 4:

Reports under this section and section 22A may be set out in the same

document--see subsection 22A(4).

Note 5:

Reports under this section and section 22C may be set out in the same

document--see subsection 22C(4).

Note 6:

Reports under this section and section 22D may be set out in the same

document--see subsection 22D(4).

177 Subsections 19(4) and (5)

Repeal the subsections, substitute:

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48 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

(4) If a person other than the corporation is the holder of a liability

transfer certificate in relation to a facility throughout the whole or a

part of an eligible financial year, a report under subsection (1) need

not relate to the:

(a) greenhouse gas emissions; and

(b) energy production; and

from the operation of the facility during the whole, or the part, as

the case may be, of the eligible financial year.

178 Paragraph 19(6)(c)

Omit "include any", substitute "set out the".

179 Paragraphs 22(1)(a) and (b)

After "this Act", insert "(other than Part 3A, 3B, 3C or 3D)".

180 Paragraphs 22(2)(a) and (b)

After "this Act", insert "(other than Part 3A, 3B, 3C or 3D)".

180A Subsection 22(3)

Omit "7 years", substitute "5 years".

181 After Part 3

Insert:

Part 3A--Reporting obligations of liable entities

etc.

22A Report to be given to Authority

(1) If a person was a liable entity for an eligible financial year, the

person must, in accordance with this section, provide a report to

the Authority relating to:

(a) the calculation of the person's provisional emissions numbers

for the eligible financial year; and

(b) if a provisional emissions number of the person for the

eligible financial year is attributable to scope 1 emissions of

greenhouse gas--those emissions; and

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

eligible financial year is attributable to the import,

manufacture or supply of synthetic greenhouse gas--the

import, manufacture or supply concerned; and

(d) if a provisional emissions number of the person for the

eligible financial year is attributable to potential greenhouse

gas emissions embodied in an amount of eligible upstream

fuel--those potential greenhouse gas emissions; and

(e) the calculation of the person's emissions number for the

eligible financial year.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1:

Under Division 137 of the Criminal Code, it may be an offence to

provide false or misleading information or documents to the Authority

in purported compliance with this Act.

Note 2:

Under section 30, a person may be liable for an additional civil

penalty for each day after the end of the period mentioned in

paragraph (2)(c) for which the person fails to provide a report in

accordance with this section.

(2) A report under this section must:

(a) be given in a manner and form approved by the Authority;

and

(b) set out the information specified by the regulations for the

purposes of this paragraph; and

end of the eligible financial year.

(3) Regulations made for the purposes of paragraph (2)(b) may specify

different requirements for different circumstances.

(4) Reports under this section and section 19 may be set out in the

same document.

Note:

Reports under this section and section 22E may be set out in the same

document--see subsection 22E(7).

22B Records to be kept

(1) A person who is or was a liable entity for an eligible financial year

must keep records of the person's activities that:

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50 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

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(a) allow the person to report accurately under section 22A; and

(b) enable the Authority to ascertain whether the person has

complied with the person's obligations under section 22A;

and

regulations made for the purposes of subsection (3).

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

(2) The person must retain the records for 5 years from the end of the

financial year in which the activities take place.

(3) The regulations may specify requirements relating to:

(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

Part 3B--Reporting obligations of OTN holders

who are not liable entities

22C Reporting obligations of OTN holders who are not liable

entities

(1) If:

(a) on one or more occasions during an eligible financial year:

(i) a person supplied an amount of eligible upstream fuel or

synthetic greenhouse gas to another person (the

recipient); and

(ii) the recipient quoted the recipient's OTN in relation to

the supply; and

(b) the recipient is not a liable entity for the eligible financial

year;

the recipient must, in accordance with this section, provide a report

to the Authority relating to the supply or supplies.

Civil penalty:

(a) for an individual--2,000 penalty units; or

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

(b) otherwise--10,000 penalty units.

Note 1:

Under Division 137 of the Criminal Code, it may be an offence to

provide false or misleading information or documents to the Authority

in purported compliance with this Act.

Note 2:

Under section 30, a person may be liable for an additional civil

penalty for each day after the end of the period mentioned in

paragraph (2)(c) for which the person fails to provide a report in

accordance with this section.

(2) A report under this section must:

(a) be given in a manner and form approved by the Authority;

and

(b) set out the information specified by the regulations for the

purposes of this paragraph; and

end of the eligible financial year.

(3) Regulations made for the purposes of paragraph (2)(b) may specify

different requirements for different circumstances.

(4) Reports under this section and section 19 may be set out in the

same document.

22CA Records to be kept

(1) A person who is or was required to provide a report under

section 22C for an eligible financial year must keep records of the

person's activities that:

(a) allow the person to report accurately under section 22C; and

(b) enable the Authority to ascertain whether the person has

complied with the person's obligations under section 22C;

and

regulations made for the purposes of subsection (3).

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

(2) The person must retain the records for 5 years from the end of the

financial year in which the activities take place.

(3) The regulations may specify requirements relating to:

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52 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

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(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

Part 3C--Reporting obligations of fuel suppliers

who are not liable entities

22D Reporting obligations of fuel suppliers who are not liable

entities

(1) If:

(a) on one or more occasions during an eligible financial year:

(i) a person (the supplier) supplied an amount of eligible

upstream fuel to another person (the recipient); and

(ii) the recipient quoted the recipient's OTN in relation to

the supply; and

(b) the supplier is not a liable entity for the eligible financial

year;

the supplier must, in accordance with this section, provide a report

to the Authority relating to the supply or supplies.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1:

Under Division 137 of the Criminal Code, it may be an offence to

provide false or misleading information or documents to the Authority

in purported compliance with this Act.

Note 2:

Under section 30, a person may be liable for an additional civil

penalty for each day after the end of the period mentioned in

paragraph (2)(c) for which the person fails to provide a report in

accordance with this section.

(2) A report under this section must:

(a) be given in a manner and form approved by the Authority;

and

(b) set out the information specified by the regulations for the

purposes of this paragraph; and

end of the eligible financial year.

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

(3) Regulations made for the purposes of paragraph (2)(b) may specify

different requirements for different circumstances.

(4) Reports under this section and section 19 may be set out in the

same document.

22DA Records to be kept

(1) A person who is or was required to provide a report under

section 22D for an eligible financial year must keep records of the

person's activities that:

(a) allow the person to report accurately under section 22D; and

(b) enable the Authority to ascertain whether the person has

complied with the person's obligations under section 22D;

and

regulations made for the purposes of subsection (3).

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

(2) The person must retain the records for 5 years from the end of the

financial year in which the activities take place.

(3) The regulations may specify requirements relating to:

(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

Part 3D--Reporting obligations of holders of

liability transfer certificates

22E Report to be given to Authority

(1) If a person was the holder of a liability transfer certificate in

relation to a facility during the whole or a part of an eligible

financial year, the person must, in accordance with this section,

provide a report to the Authority relating to the:

(a) greenhouse gas emissions; and

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54 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

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(b) energy production; and

from the operation of the facility during the whole, or the part, as

the case may be, of that eligible financial year.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1:

Under Division 137 of the Criminal Code, it may be an offence to

provide false or misleading information or documents to the Authority

in purported compliance with this Act.

Note 2:

Under section 30, a person may be liable for an additional civil

penalty for each day after the end of the period mentioned in

paragraph (2)(d) for which the person fails to provide a report in

accordance with this section.

(2) A report under this section must:

(a) be given in a manner and form approved by the Authority;

and

(b) be based on:

(i) methods determined by the Minister under subsection

10(3); or

(ii) methods which meet criteria determined by the Minister

under that subsection;

where the use of those methods satisfies any conditions

specified in the determination under that subsection; and

purposes of this paragraph; and

(d) be given to the Authority before the end of 4 months after the

end of the eligible financial year.

(3) Regulations made for the purposes of paragraph (2)(c) may specify

different requirements for different circumstances.

(4) In particular, and without limiting subsection (3), the regulations

may specify different requirements for persons who:

(a) do not meet any threshold; or

(b) do not meet specified thresholds;

for an eligible financial year to which a report relates.

General amendments Schedule 1

Amend ments commencing on 1 July 2011 Part 2

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No. , 2009

(5) Regulations made for the purposes of paragraph (2)(c) may also

specify information that a State or Territory has requested the

Authority to collect.

(6) The regulations may provide that a person is not required to

provide a report under subsection (1) for an eligible financial year

in relation to a facility if the facility does not meet a specified

threshold for the eligible financial year.

(7) Reports under this section and section 22A may be set out in the

same document.

22F Records to be kept

(1) A person who is or was required to provide a report under

section 22E for an eligible financial year must keep records of the

person's activities that:

(a) allow the person to report accurately under section 22E; and

(b) enable the Authority to ascertain whether the person has

complied with the person's obligations under section 22E;

and

regulations made for the purposes of subsection (3).

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

(2) The person must retain the records for 5 years from the end of the

financial year in which the activities take place.

(3) The regulations may specify requirements relating to:

(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

181A Subsection 23(1) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

182 Paragraphs 24(1)(a) and (b)

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Part 2 A mend ments commencing on 1 Ju ly 2011

56 Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 No.

, 2009

Omit "(within the meaning of the regulations)".

183 Subsection 24(1)

After "reported", insert "under Part 3 or 3D".

184 After subsection 24(1A)

Insert:

(1AA) If a person gives the Authority a report under section 22A in

relation to an eligible financial year, the Authority must publish on

its website, by 28 February next following the eligible financial

year:

(a) the total of the numbers specified in the report as the person's

provisional emissions numbers for the eligible financial year;

and

(b) if any of those provisional emissions numbers are attributable

to scope 1 emissions of greenhouse gas--the total of those

provisional emissions numbers; and

to the import, manufacture or supply of synthetic greenhouse

gas--the total of those provisional emissions numbers; and

(d) if any of those provisional emissions numbers are attributable

to potential greenhouse gas emissions embodied in an

amount of eligible upstream fuel--the total of those

provisional emissions numbers.

185 After paragraph 24(6)(b)

Insert:

(ba) non-corporate entity; or

186 Subsection 25(1)

Omit "or" (first occurring).

187 Subsection 25(1)

After "section 20,", insert "or a person required to provide a report

under section 22A, 22C, 22D or 22E".

187A Subsection 30(2) (civil penalty)

Repeal the civil penalty, substitute:

Commonwealth of Australia Bills

CARBON POLLUTION REDUCTION SCHEME (CONSEQUENTIAL AMENDMENTS) BILL 2009